SPAIN 2019 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The Kingdom of Spain is a parliamentary democracy headed by a constitutional monarch. The country has a bicameral parliament, the General Courts or National Assembly, consisting of the Congress of Deputies (lower house) and the Senate (upper house). The head of the largest political party or coalition usually is named to head the government as president of the Council of Ministers, the equivalent of prime minister. Observers considered national elections held on April 28 and November 10 to be free and fair. Police forces include the national police and the paramilitary Civil Guard, both of which handle migration and border enforcement under the authority of the national Ministry of the Interior, as well as regional police under the authority of the Catalan and the Basque Country regional governments. Civilian authorities maintained effective control over the security forces. There were no reports of significant human rights abuses during the year. The government generally took steps to prosecute officials who committed human rights abuses. In some instances officials engaged in corruption and created the impression of impunity. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings There were no reports that the government or its agents committed arbitrary or unlawful killings. b. Disappearance There were no reports of disappearances by or on behalf of government authorities. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment SPAIN 2 The constitution and laws prohibit such practices. There were reports of police mistreatment; courts dismissed some of the reports. On October 7, the UN Subcommittee for the Prevention of Torture (SPT) reported finding on its visit to the country in 2017 that, “in a majority of places of confinement,” authorities resorted “with a certain frequency” to “measures of mechanical restraint and other coercive means.” Subsequent to that visit, the Ministry of the Interior updated its protocols, restricting the use of mechanical confinement to very limited parameters. In his 2018 report, the ombudsman favorably assessed the new protocols. The constitution provides for an ombudsman to investigate claims of police abuse. In 2018 the ombudsman received 22 complaints of police mistreatment and 67 complaints of incorrect treatment. On May 20, the UN Human Rights Committee ruled that a member of the Basque terrorist group ETA, Gorka Lupianez, was subjected to torture while he was in incommunicado detention in 2007. The government denied the allegations of torture and stated that Lupianez was examined on a daily basis by a forensic doctor who did not find evidence of abuse or torture. The committee urged the government to investigate the allegations of torture and to take legislative measures to end incommunicado detention. Prison and Detention Center Conditions There were no significant reports regarding prison or detention center conditions that raised human rights concerns. The SPT, nongovernmental organizations (NGOs), the national police union, and an association of judges criticized the internment centers for foreigners (CIEs) for a variety of reasons, including alleged violation of human rights, overcrowding, prison-like treatment, and a lack of interpreters. The law sets the maximum time for detainees in CIEs at 60 days. Moroccan and Algerian migrants were detained in CIEs upon entry to Spain, because these countries have extradition agreement with the Spanish government. Migrants from sub-Saharan Africa were not sent to CIEs, but were placed into the voluntary care of humanitarian NGOs. Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions, although several organizations alleged that overcrowding was a problem in some CIEs. In 2016 the Council of Europe’s Committee for the Prevention of Torture (CPT) reported poor ventilation remained Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor SPAIN 3 a problem in most establishments visited. In some cells there was dim lighting, and no natural light in any of the cells the delegation visited. The SPT received complaints from female convicts in various prisons of limited opportunities for physical exercise, education, and job training for eventual release. It reported discrimination against women in facilities that also incarcerated men. Administration: Authorities conducted investigations of credible allegations of mistreatment. Independent Monitoring: The government generally permitted monitoring by independent nongovernmental observers, including the Coordinator for the Prevention of Torture and the SPT, in accordance with their standard operating procedures. In September 2018 a delegation from the CPT visited detention centers and prisons in Catalonia to investigate conditions there. The report of the visit was not yet public at year’s end. d. Arbitrary Arrest or Detention The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements. Arrest Procedures and Treatment of Detainees The law permits police to apprehend suspects for probable cause or with a warrant based on sufficient evidence as determined by a judge. With certain exceptions police may not hold a suspect for more than 72 hours without a hearing. In certain rare instances involving acts of terrorism, the law allows authorities, with the authorization of a judge, to detain persons for up to five days prior to arraignment. These rights were respected. Authorities generally informed detainees promptly of the charges against them. The country has a functioning bail system, and the courts released defendants on bail unless they believed the defendants might flee or be a threat to public safety. If a potential criminal sentence is less than three years, the judge may decide to impose bail or release the accused on his own recognizance. If the potential sentence is more than three years, the judge must set bail. The law provides detainees the right to consult a lawyer of their choice. If the detainee is indigent, the government appoints legal counsel. Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor SPAIN 4 The law allows incommunicado detention when there is a threat to the detainee’s life or physical integrity, or the need to avoid compromising criminal proceedings. Under the law incommunicado detention can only be applied by judicial order and is limited to 10 days’ duration. The SPT noted the incommunicado detention of minors between the ages 16 and 18. In certain rare instances involving acts of terrorism, a judge may order incommunicado or solitary detention for the entire duration of police custody. The law stipulates that terrorism suspects held incommunicado have the right to an attorney and medical care, but it allows them neither to choose an attorney nor to see a physician of their choice. The court- appointed lawyer is present during police and judicial proceedings, but detainees do not have the right to confer in private with the lawyer. e. Denial of Fair Public Trial The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. Trial Procedures The constitution and law provide for the right to a fair and public trial, and the independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence, the right to be informed promptly and in detail of the charges against them, the right to a fair and public trial without undue delay, and the right to be present at their trial. Defendants have the right to an attorney of their choice. If the defendant is indigent, the government provides an attorney. Defendants and their attorneys have adequate time and facilities to prepare a defense. The government provides free interpretation as necessary from the moment the defendant is charged through all appeals. During the trial defendants may confront prosecution or plaintiff witnesses, and present their own witnesses and evidence. Defendants may not be compelled to testify or to confess guilt, and they have the right of appeal. Political Prisoners and Detainees Officials representing Catalan national political parties alleged that several party members under pretrial detention resulting from the October 2017 “referendum” on Catalan independence, declared unconstitutional by the Supreme Court, were “political prisoners.” Neither the government nor any international human rights NGOs supported this claim. Nine members of proindependence Catalan political parties and civil society organizations were in pretrial detention since late 2017 on Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor SPAIN 5 criminal charges of rebellion, sedition, or misappropriation of public funds. In 2018 Amnesty International did not take a position on their claims to be considered “political prisoners.” In June the organization reiterated its demand for their release, noting “this claim does not in any case imply an assessment of their criminal responsibility.” The four-month trial